Non payment of salary by employer
My brother was working for a Logistic Company H.O. based at Gurgaon, having operation PAN India & he was posted in Pune since joining ie; Aug' 2015. He was working as Manager & supervising Pune region for a department. He is a permanent employee with Letter of appointment & all necessary documents. Notice period: 03 months In Aug'16 Company was took over by another firm. (new firm Unofficially stated they are not interested to work with old employees, due to which 70% of staff resigned) & new firms management took over the daily operations. Non-payment of salary due: However, my brother continued with the organization & received his wages for the month of Aug’16. Whereas his wages was withheld for the month of Sep’16 without any prior intimation or notice or any stated concern. Though he worked for entire month & attendance was updated eligibly. As professional ethics he has made many verbal & written (e-mail) communication stating the ‘concern of salary withheld’ without any reason, but no written mail was replied to answer his query. During the communication all the hierarchy protocol was marked. When he co-ordinated with H.R. personnel, they have stated that ‘now they are working as consultant for couple of months only & do not have any power to reply his concern, thereby my brother have to co-ordinate with new management personnels. As stated earlier, new management personnel have not replied anything in written (mail) but verbally given all the falsified committed dates (all verbal communication are recorded). Here I also would like to add that from the time new firm took over there personnel (State Head) started harassing my brother & times stated company is not interested to give any 3 month severance salary amount & will not layoff. After this ordeal & prolonged experience my brother officially resigned (e-mail) on 24 Oct’16 & tendered hard copy by postal to head office. In spite of above as of now there is no communication replied. My brother have the possession of company assets (Laptop) & now due to which he is receiving threatening call from company personnel to submit assets or they will file a police complaint against him. However my brother replied ‘that he will suerly hand over the assets but firstly you have to accept his resignation & secondly release the pending salary due for the month of Sep’16. On to the fact: He has lost the laptop & made the FIR at Police station. Note: All verbal & written conversation is recorded. Dear team I need legal advice as how to handle the above concern & what if they make police complaint.
The matter comes under wages act, you need to send legal notice first and even they don't pay you can go ahead with a suit with the court for due wages and mental harassment. You need to consult a lawyer, because looking at facts is different things.
the email can be used as electronic evidence, my advice is either you can try lodge complaint with Inspector under Shops and Establishments Act, Payment of Wages Act can call for records or call a lawyer. You can claim court fee and other legal exp with interest as well as your due, so there is no harm calling in the layer. We recently appear one of IT client and post legal notices the issue was solved. 60-70% case solved before reaching court.
Sir, before initiating actual proceedings in the court of law, a legal notice containing a bargain for the submission for assets in return for payment of salaries can be issued to the company. This legal notice must also show your stand to approach the court for the violation of your rights.
Further if notice is to no avail you can approach court the by way of seeking a permanent injunction against the company for the payment of all dues in your favour, which your right and the duty of the company/employer to pay under Section 3 of the Payment of Wages Act 1936.
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